The Sun. — London, England, 1826-08-16 00:00:00

~:,,~ _~ commitment for the felnity.—[The learned Counsel here read the words of the commitment, which appeared in our paper of the other day]. rfreinust admit that the committal was framed so 111 to biiwg it within,the words of the statute, and the word feloni ously had bsen;introduced. That constituted the only difference, for the form (Cone and the other was precisely the same. Whe ther this charge on the commitment did not, in fact, give hint notice of the offence, Which he would be called on to answer, was a question for hie Lordahip to determine. It certainly appeared to him (Mr. I. W.), that when, the substance was the same, the introduction of the word felony did not create such a difference as to entitle the defendant to this indulgence, BRou4ItA3l; on ties same de, observed that the prosecutor could have no wish but that his Lordship should be satisfied— that he should receive all the advantages he was entitled to. The greater part of the arguments for the defendants. might he laid aside, since be-did not mean to deny that, at Outman Law, the defendant: O. 'Wakefield, might have traversed. Mr. Juttiee Paax said, the constant use had been, that where a man was indicted 'for a misdemeanour, he was arraigned and Fielded, and then asked whether he would try. Mr. Baotiottast 'observed, that that reduced to the question, whether the defendant should plead, now or afterwards, it being quite clear that they could not call on the trial at present, so that the only question was,' whether the delay should be before or after pleading. It was inconvenient that the bill being found, the de fendant should now go free, and delay saying whether he was guilty' or not. The question might turn entirely on the words of the statute " for such offence," and whether they be applied to a portion only of the section, or overrode the whole. Mr. Justice Pautt.—.The object of the statute, as you must well know, was to prevent libels, which then inundated the coun try, from being circulated. The defendants in such cases had frequently made the most inconvenient delays, and the object of this statute was to prevent the recurrence of such delays in future, It was, therefore, clear that the statute was, intended to ripply only to misdemeanours -,, and the meaning of the words, "for such offence," proved that it was not meant to apply to felonies, or the word felony would have been specially introduced. Mr. Cotaltalg said, that all the,observetions which they had before made with regard to E. G. Wakefield's traversing, would apply to the postponement of W. Wakefield's trial. He was bound over to appear at the Assizes, to answer such matters as were preferred against him, when he entered into his recog- nizancete. Mr. Justice Petite, said, that the recognizance* was to answei not such matters merely, but all such matters. Mr. COLTMAN would defer ever to the inclination of his Lord ship's opinion. If, upon looking to the statute, he was of opinion that the defendant ought to plead to the particular offence for which he was indicted at the time, he would do so. The statute required a party to plead to the offence for which he was com mitted to custody ; which meant the offence specifically charged against him, and not all offences of which he might afterwards be accused. Mr. Justice PARK asked what was the good of all these objec tions? Mr. CpLTMAN.answered, that there might he extremely good reasons far iiishirigio postpone the trial. Mr. Justice Perm said, that no doubt all prisoner.) wished to delay their trial as long as possible. Mr. TINDAL, observed, they-would not keep up the argument against his Lordship's inclination, if they were once .convinced that they had made themselves clearly understood by hie Lordship. William Wakefwld had entered inte recognizances to appear and answer. By the Common Law he was not bound to try, but as the Statute had altered the course of, the Common Law in some respects, the question Walk whether it had done so in all? He soh witted, that as offence* of various kinds were comprehended under the word misdemeanour, if his Lordship should hold here that a man indicted for one misdemeanour nuist immediately take his trial for another, he would in fact be declaring that a defendant so situated must forego all the advantages which the Common Law had given him, !,, Mr. Pangs said, 'that the case was similar to a surety given to keep the peace, and in default of doing so, to appear in Court and answer to the matters against him. If a person was bound under such a recognizance, surely his Lordship could not hold that when he did appear be was bound at once to plead to any other charge -*het might be broughtapinat him. Mr. Justice PARR—This case presents itself to nie in two or three r tifferent points for consideration. The first is whether Ed ward ee, Wakefield shill' - be - permitted or not to traverse to the next assizes; ant} the distinctions taken hetWeen his being hound to pl e ad, and . the liberty of traversing, or only patina off di, tad 1.1 . 0 1t ir this b.ext assizes. I ens of opinion, 'that it , the in diatnient heel : been fbuad before the statute 16' Geo. M., that he would have a eight to say he would not try now. eveuldturve a right to sayabis after he hid-been taken' into custody on a Bench warrant. It,is a different question whether, being in custody, he can say he will not. lam of opinion - that he eannot refuse to plead, but that the Act enables hint to putoff the trial. The Act WAS passed with a view to regulate - - easee of misdemeanour Awl not of felony, and its object was to' prevent delay in.pleading to eases of misdemeanour. That• Act took away the power of tre• versinL from persons who had been committed to.anewer for such e a s neetefer 20 days befbre the mine ; and I am of opinion, that with regard to IL G. Wakefield, the statute does not relate back to the time of his commitment for felony, as it would have done hid he been' , committed for misdemeanour. Ile might, there-', fore, say that he would not consent now to the trial proceeding. Whether' Or not 'he may be compelled to plead now, is, as I said before, h very different question. What Mr. Tindal has said upon this subject presses very much on' my mind, for he may require time to commie with his Counsel as to whether lie shall demur, or plead to part or lo the whole of the indictment. At present the inclination of my opinion is that he is bound to plead, but I will not determine it at once., but will take time to consider the tines time. It seems to me t h at some fallacy has arisen in the argument from' not properly' considering' this nature of My commission. I am here to deliver the gaol of the county. lam therefore bound to know the reason why any and every person is kept in custody; and when I find a charge of so serious and alarming a description , (foe undottleedly it is a charge of a most heinous crime), aol I must do iriy fiest'to determine that charge, and to delive r the gof the person. I will therefore commit my brether • Hullock as to the course which I ought to pursue, and from his knowledge I shall gain. much aseistanee, as be has had the experience of the sessions, which never had the opportunity of obtaining. As to W. Wakefield; I' em clearly of opinion that he is bound to appeci, 'S as 'plead; and try. There lut e been. some inaccuracy to hie recognizance. Here ' the recognizance is special. I will nOt ,tenter into a disquisition whether the words " such offence" teen the ' special offence with which he was originally . charged. I ant inclined to think not; but why, if he objected to the recognize/ices, did he not object at the time he entered into them? They are printed recognizanees, but the special part is ili a traduced and is written; and the recognizance% are adapted to those terms which the , Court deemed necessary to require. The Court thought proper to impose certain condition*, and into thoet conditions the defendant has voluntarily entered. Thera is no doubt that be was then attended by some, if not all, the Learned Gentlemen who are now advising him, and yet he entered into a condition to appear here, and answer all such matters and things as sluauld, in his Majesty'S behalf, be objected against him. With this condition he ishotind to comply. I now go to the other part of the argument. It is said that there is a difference between the charge to Which the defendants are now called on to an - ewer, end that formerly preferred against them. It seems to me filet both state a siege case of abduction, and the calling On these► to answer now is not like the case which has been sup posed of voquiringdefendante to answer to a charge different from that which they expected to meet. It would be a rare ease, if he were brought here for abduction, and being here, should be re quired to plead to an indictment for perjury, - or' any other misde meanour, which might in the mean' time have been preferred Against him. lint when the two charges are virtually the same, that hardship comsat he sent to exist. Ido not agree with Mr. Williams, that on the face of the indictment the conimitraent is the lames or the word* in the one we taken from the statute Of Ph i l i p an d bury, whilst in the other that statute is not referred to ; and in the first, Turner is described air the heir apparent to her father, whilst its the other no allele description is given of her. My opiniart is,, that r.dwatd Gibbon Wokefteld has a right to era. vale the trial of this indictment. I ill not say now wheth r e he t plead instqnter or not (by inst w anter I mean, of course , rrtY etw morning); but as to the other defendant, I em dearly of marl, , r e„ n *oat he is bound to plead instanter. Win. atxordheely pleaded " Not Guilty." Justice PA gge•--Let him be committed. . H . „ 70tinse l o bjected to his co_ Pe en . itment, ebserTfi anat. he Was the whole tune of the is . to appear tinning con under reck.;' , ''n' za-ne . tintiatice of t. `re " ilze9. Ills jene nsnr i , conseitte.il letl to letlli him g he o at large ou his former io ato more strict in his ate recognizance ; but te.''"u)ln tendance on the Court. . 4ed "Not Guilt y " to the indictment Wakefield also plea , eain objeete of the argument had foss the misdeineannio, as the been m iectire lii ,the right of travee E. G. Waltefild and his brother %Igen. "Not Guilty „ to the indictment for the comP".; , of issuing a Mr. Justice P.eux then intimated his intention then severally pleaded -sey. Bench warrant to apprehead Mrs. Frances Wakefield, agains whom the bill for conspiracy had also been found. Mr. COLTMAN said, that that lady' was in Court, and was ready to plead, and enter into recognizances. She accordingly_ appeared just behind the Counsel's bar, and having pleaded " Not Guilty," tendered bail, which were accepted without examination, by the prosecutor's Counsel. The.bail were—Edward Wiltefield (her husband, and father of the two defendants), of Reading, Berks, Esq. ; and Dr. Davis, of Macclesfield, in'the county of Chester (her father) ;- and Daniel Wakefield, of Harebeath, in the county of Berks, Esq., barrister at-law. Mr. COLTAIAN then applied to his .Lordship to admit E. G. Wakefield to bail. -Mr. Justice I'AaK asked what should be the amount of the security ?. Mr. J. Wt Luaus observed, that the prosecutor had not thought fit to make the least examination with respect. to the bail of Mr. Wakefield ; but there was a great distinction to be taken between the chief offender and a secondary party. Besides, if E. G. Wake field was to be at large from these Assizes to the next, there should also be additional security to prevent him from again disturbin g ' the peace of Mr. Turners family. Mr. Justice PARK concurred in the observation, and said he should certainly think it necessary to oblige E. G. Wakefield to enter into securities to keep the peace towards Mr. Turner and all his family. The amount of the recognizances was not determined on at seven o'clock, but it was intimated that the additional sum would be—himself in 2,500/., and two sureties in 1,2601. each. The personal appearance of E. G. Wakefield is not at all pre possessing. There. is much doggedness and inflexibility in his cpuntenance, and none of that je ne seal poi air of gentility, Which is said to be so irresistible in captivating the fair sex. His brother is a little better looking man. Mrs. F. Wakefield, as far as we could discern her features, is a pretty woman, and seemed to be 80 years of age, " or thereabouts." An application is expected to be made to .morrow by Mr. W. Wakefield, on special affidavit, to put off. his trial to the next Assizes. TWELVE O'CLOCK AT NIGHT: Edward Gibbon Wakefield baa been admitted to bail till the next Assisi*, and has entered into recognizance* for his appearance —himself in 2,0001., and the Rev. Dr. Davis, and Daniel Wake field, Esq. (hie uncle), in 1,2501. each. Edward Gibbon Wake- field to keep the peace towards Mr. Turner and Ids family. CHARGE OF RAPE. Richard Shorroch, aged 49, was put to the bar, charged with having violated the person of Anne Eddleston, a girl under 14 years of age, at Livetay, near Blackburn, in March last. Mr. Cotastast stated the case to the Jury as it was detailed in the following evidence : Anne Eddleaton, a very small girl for her age, examined by Mr. COLT:SIAN-4 was 14 years old on the 9th of last May; I live with William Hindle, who is a weaver ; I have lived with him these two years ; I was without father and mother, and he took me to bring me up as one . of his own ; there were other lodgers in the house ; Lucy Haggin and John Haggin lodged there ; prisoner and his son also lived in the same house ; I slept withLuoy Haggin • she is older than I um ; there was another bed i n the room, and in that the prisoner's son and John Haggin slept ; John Haggin is twenty-two years of age ; I remember being in bed on a Monday night •in March ; Lucy Haggin was in bed also ; we were both asleep. The prisoner came to our bed ; he put his hands into the bed.—[Here witness described some indecent liberties which prisoner had taken with her persen.]—lt was dark at this time ; I know it was the prisoner, by the feel of his clothes ; awakened Lucy, and prisoner went off to his own bed morn ; I beard' him shut the door ; there was only one bed in his room ; Idon't know who slept with him ; prisoner has no wife • the next clay, when they were all awake, I told John Haggin and the rest what prisoner had done ; can't say if I saw the prisoner on Tuesday; I saw him on the Wedne4day Morning ; he said nothing to me about what had passed ; he did not charge me with having told, nor can I say whether I ever said to him or any one else that I had not told ; I remember seeing him on the following Saturday, between two and three o'clock in the afternoon, I was at the back barn.; door, breaking sand ; he came up, sad took the hammer and broke the sand ; he. went from the door, and' went to the end of the barn : he saw somebody Coining over the field, and he said somebody was coming with a pair of gears (for weaving) in their hand; he found a piece of wood, which he put in the loop-bole of the barn,. saying " See, Anne, that will do for some kindling 1 for thee." We both went into the house to take the sand in ;lie went first and I went soon atter ;he said, Ann., •you know where that wood is--go and fetch it." Mrs. Hindle was knead ing dough, and prisoner said, 44 Anne, go and fetch that wood, it will do to put under the oven." , 1 went into the barn, but did not find the . wood ; I went round the barn, and when I got there prisoner was unbarring the back barn door; lie had gone a shorter way, and was in the I.darn before me; there are two doors to it ; when I could not find the wood,' I said, " Richard, it is not here." He said, " Come here, there's some here ;"" I went into the barn, and be showed me Where the wood was, under a bull stick (a young.bull); when I wipt,i4.he shut the barn door, and barred it; I said I cannot reach the Wood; and he reached it to, me ; be then got hold of my head ,and neck with both his hands, and kissed me; ftlire;,V the Weal' down ; prisoner kept hold of me ; I said I would tall Bill (Wm. Hindle) when he came home, if he did not leave me alone; I got away front bins, and was making for the front door of the barn, when he caught me by the back of my coats, and held lot' he told me to go up on the hay, but. I refused, and said I would Bill. He threw me down on the hay. I got up once but ke threw me down again, and put one hand on my mouth. [Here the witness described the commission of the offence.] When he got up he said I must not tell, for if I never told, nobody would' know. I said, aye, but I would tell when I went in. When on the ground I could not call out, as he held his hand upon my mouth. When I got into the house I saw John Haggin, and told him Richard had been making weary work of me in the barn. Prisoner was then coming into the house; JOhn Haggin told me to come into the kitchen, and I went in ; pridioner followed us in. John Haggin and I went into the weaving shop, and prisoner fol lowed us. He asked me for the loan of a needle and thread, to sow a part of his dress ; Y gave him a needle; Lucy 'leggin was weaving up stairs ; John Haggin went up stairs, and Lucy shouted for me to come up also; prisoner followed us up and went into his Own bed-room; I told Luoy what Richard had done to me in the barn ; John Haggin was there at the time ; William .Hindle came home between five and six at night, and I told him what had happened ; he took me to the doctor at Blackburn that evening ; my dress way shown to the doctor. Cross-examined by Mr. Du is Das-1 slept in the same room with Lucy and two men ; I did not scream out when prisoner came to my, bed on the Monday night, Inn I awakened Lucv ; I can't tell how long. I was in the barn with the prisoner; I Aid not scream out at first, as I did not know whet he was going to do with me ; I think that if I had screamed out, some people who lived close to the barn could hear rne. By the COURT... 4 don't know whether they were there at the time; I had time to say no more than 1 did to John, when pri soner followed me into the house. Lucy Haggin examined by Mr. COLTMAN.. 4 was twenty years old last July; 1 lodge at Wm. Hindle's ; Ann Eddleston has slept with me for the last eight months; my brother and prisoner'stion slept in the same room ron the Monday night, Anne awakened me ; she seemed frightened, and staid prisoner bad been to bed to her; I heard a jump, as if a person had got off the bed on the floor, and then I heard prisoner's room - door shut ; his room is next to ours; on the following day she seemed light in her head, and not altogether right ; on the following Saturday, between two and three o'clock, my brother came up stairs where I was weav ing, and desired me to call Anne up. She came up and said Richard Shorrock had been meddling with her in the barn. The barn isjoined to tbt weaving shop, and that joins the house. The Weaving makes considerable noise ; but I don't know ifthey were' all working on that day. When she ante to- me, sire appeared' frightened like. I don't know that Ike could have been heard if She shrieked out. Croes-examined by Mr. DUHDAS—I know the Rushworthi; they live near the b/trn. On the Month). night, at the time Anne awakened me, she did not ;cream out. John 'leggin, the brother of last witness, corroborated her evi flepee, ea that of the prosecutrix. Rushworth's house is at one end of'the barn, aud. Hindle's at tke other: He did not think that the prosecutrix could have heen heard in either house, if she had cried/An. Rnsbworth saw John Haggiu and Anne Eddleston at his house about three o'cloek on the day in question ; he heard her 00 501ktin of the treatment she received from the prisoner in the barn ; witness went with her to the barn, and she pointed out the plies where lie threw her down ; there appeared a plue as if er the cried put. lio 'A T 'e he i prisoner's he bd s i o e n Yi atbe we av ing perattin shop, a lain down th ere; if witness and others had b een in they might imlht have heard h er years of age. Crove-examinad Witness does riot not know whether the looms in the shop were at.work ou that day. Thomas Pollington saw the prieou er at Blackburn, on TuestleY, the 6th of March; it was in the forenoon; a man named Kin% was with witness and the prisoner.; the latter was rather frreh, (Here witness repeated some observations made by the prisoner relative to what took place on the.Monslay night.) Cross-examined by Mr. MIND...3—He had known prisoner two years, and had always found him a civil man. Win. Hindle returned home from market on Saturday evening and - inquired for the prisoner, who he found was in bed ; he sent for hint, and told him be had a warp for him to weave ; prisoner said a bad job had taken place while witness was away ; witness Asked what was to do? . He said Anne charged him with having been meddling with ber in the barn ; witness said surely you have not ; and be said no, I have nut—she is wandering in her head ; Anne then came up, and said he had, and burst out crying; wit ness took her into the next house and asked her all ahout it ; he then took her to thecloctor's; prisoner said he wished witness's wife and another woman to examine, the girl, but they refused ; he then said that nothing but the examination by a doctor would clear him. Cross-examined by Mr. DuNDas---When lie said a bad job had happened, he denied it ; when he wished to have the girl examin ed it was before witness came home ; witness never sent prisoner word to run away; he' merely said amongst themselves that he might run away, as it was a serious job. The prisoner was not then handcuffed, but he never attempted to do so, but was ready to go . before the Magistrate. Witness had known him many years, and knew no ill of him, except that he liked Asup of drink like many others. lie was taken up on the Saturday evening be fore they went to the doctor's. Mr. John Court, a surgeon, residing at Blackburn, remembered the prosecutrix being brought to his house on the 11th of March. He examined her, and found she had not arrived at the age of puberty. Witness went on to describe the state of the girl's per son, but lie could not swear that the injury lie perceived was caused by the consummation of the crime charged. The prisoner, in his defence, said he was innocent of the crime he had never been guilty of any thing of the kind. d John Haggin gave the pri soner a g o od character. He was . al ways a hard slaving man for h i s ell ren; he has f our children, three girls and a boy. Mr. Justice PAR summed up the %v. The Jury retired, and after a few minutes' consultation, returned 4 verdict of Guilty. • The prisoner, when asked what he had to say why sentence of death should not be passed upon him, remained silent for a short time, and then fell on his knees and shed tears. Mr. Justice Peat: pronounced the awful sentence of the law, and advised the prisoner to use the short space left unto hint in this world, to make his peace with God. RIOTS AT BLACKBURN. James Riding, William Sutcliffe, Richard Ray, James La tham, James Ormerod, James oworth, and Thomas Bolton, were indicted for having, on the 24th of April, . 1826, at Black burn, in this county, with force and arms, feloniously broke open a cotton mill belonging to Bannister; Eccles, and CO:, and destroyed the machinery in the said mill. Mr. STARKIE and Mr. ADDISON conducted the prosecution. Mr. COLTMAN appeared for the prisoner Kay, but the other prisoners had no Counsel. John Kay--I am a constable of Blackburn; on Monday, the 24th of last April, about three o'clock in the afternoon, I was in Darwin-street, Blackburn,. where I saw several hundred persons, who were coming through the Market-place, towards Mr. Eccles's factory ; some of them were armed with pikes, and others with guns, axes, hammers, clubs, and sticks. They were walking to gether as a mob generally goes ; I followed them to Mr. Eccles's factory, which they reached before me. When I got to the fac tory yard, there were many hundred persons in it; those who :carried the pikes and guns stood at the doors and windows; some 'of them had their pikes standing, and others had them shouldered. The mill was nearly full of persons ; I went into the mill, and at the door I met some men coming out ; I stopped the first man, but as soon as be saw me, he got back again to the crowd ; I took the pikes, hatchets, and hammers now produced, from the persons in the factory yard. Whilst I was there, about sixteen of the Ist Dragoon Guards arrived, and they assisted me in disarming the mob ; several men escaped out of the yard, because they were so numerous that we could not keep them. Whilst I was in the yard, I heard the breaking of windows at the back part of the mill, and the people; who were watching in the yard, said that their com panions were breaking through the windows at the rear. I went into the lower room of the factory, and I there saw all the machinery broken and destroyed. I know the prisoner Sutcliffe. I met him at the door of the mill, and asked bins What he was &dug there? • Hertnade no answer, but got back as quickly as he mold. I don't know any thing about the other prisoners. Crossoexamined by Mr., Ons.witpor, as Counsel for the prisoner I Kay—'blue pepplcwrae in . she factory shout Lair a n hour before the arrival of the soLliers. I heard no breaking or 'windows, ex cept when the mob were escaping from the soldiers. The factory was nearly full of 'persons. Crosseexamined by the prisonex Sutcliffe—The power-looms were actually broken when I saw you. 1 did not see you doing any thing. . • .. Rev. Richard Noble-1` am a clerprean, and a Magistrate for this county. On the day of 'the -hot I- was in 'Darwin-street; Blackburn, which, together *With* fields adjoining, was filled with People. I had sixteen dragoons and a small party of infantry with mi. We went the nearest way , to Mr. Eccles ' s factory, but the crowd was so great outside the yard that I could not get in until -the military made way. Numbers of persons, who were making their escape_. from the factory yard, passed close by where I stood, and some ran against me. John Morton—l was in the: employment of Kay, the constable of Blackburh. About three o'clock, on the 24th of April last, I was standing at the outer gates of :the . factory, when the mob, headed by the prisoner (Riding) came up. Ile and others of the mob clipped their hands and then their shoulders to the gate. I have known him for several years, and I spoke to him on that day. They forced 'the outer gales, and I saw the prisoner. go towards. the place where the power looms are at work. I did not see him' go into the factory, but its half art , hour afterwards I saw hint coming out of the back window. He sweated very hard. Henry 'Hilton-' --I am a barber. I was at Mr. Eccles's factory' on the 24th April last. The looms were all broken. -I saw the prisoner (Sutcliffe) there, but I did not see him doing- any thing, except wiping his face. He seemed to be very warm. Cross-examined . by the *limner Sutcliffe--When • I saw you there the mob had not dispersed. John Morten recalled.—l saw Sutcliffe coming out of the fee tori after 'the mob hid dispersed.. He was walking out. George Colbtirn, a little boy.—:.On the 24th of April last I was in the employment of thieprosecutins. When the snob came I was in the factory, but I left it and went on the top of the smithy ; I paw the prisoner Kay striking the looms with (as I thought) a piece of iron ; when I saw him do this to the looms I cause down from the smithy, and I saw him come out of the fac tory door. He swore by his Maker there was a great smudge in the 'room, and he never would work there any more. By the COVIIT—A op sure Kay was not in the factory until he came with, the mob. Cross-examined by Mr. CoLittAx--Wltett I was on the smithy the factory windows were shut ; when Kay came out of the fac tory the mob was inside breaking the looms ; he went away before the arrival of the soldiers. Re-examined—When I saw Kay lie was in the third room ; he used to work in the fourth room. • Betsy Longswortls.—l was in the prosecutor's employment. When the mob came to the factory, I saw Jamei Latham and James Orrnerod. • Latham had a stone-breaking hammer in his hand: I was crying, and °moo& swore a great oath, and said he would knock me down if•rdid tint hold my noise. I. cannot say whether Ormerod had any thing in his hall& They went into the power-loom-mill. Lutharn is a weaver. I used to work with him, and I have known both _prisoners about eight or nine years. Grace Oakes was standing with me at the time. I did not see Latham do any thing with the hammer. Grace Oakes corroborated the testimony of the last witness as to Latham. . 'John Kay recalled..-.. 1 apprehended the prisoner Ormerod, and he told me he was not there at U. He said he was at, a stone delf at the tins* of the riot. . John Morton was recalled, and he identified Haworth as one of the men who went into the factory yard. Howorth had in his hand a haale stick, with a large knob on it. I after Wards saw hint make his escape out of a back window, which the mob had broken. ~ stories high, called taken pronr Anne Seed—On the lath of April, the day of the riot, I was at Stoneyhurst, wh ere I ,saw Th om a s B o lton, with f i ve or six others. He said, "'W e h ave b ro k en 'lo o ms at' Blackburx e a nd we will break thos e at L ow M oor b e f or e we sleep." H e said, he ;tha b t ot h t e mn h a d a g be ain n et in th a e window, and got out . - lead d oM beeil w hat three he but theth il ep e ut his Mr. STaarse said that was, his roe. The prisoners severally p ro t e sted their, innocence , and c a lled t h e following wituessee : - . • Tho m . Etthon--I have kn o wn the prisoner Jame!! Riding fur the last two years. Ile has been in my employ as a weaver. I never heard any Rag against hie dbaricter. Edmund Evans-1 hlkh known the prison er Riding abo ut eight years. PO the firit three ' years I lived next door to him I never heard any thintagitinst him, John Kar l the constable... 4 hive known the prisoner *tell* for the last two years ; I have never known any charge against him but this. Ralph Shorrock, examined by Mr. Comsat; for the prisoner Kay-,-I am a nervant in the prosecutor's employment. The pri soner Kay was a fellow-workman of mine. On the day of the 'riot we left the factory about a quarter of an hour before the mob carne. I went about half way towards my home when I met a young man whom I knew, and we returned towards the factory. I met Kay going towards home with his back to the factory. When I got to the factory, the soldiers had arrived. John-Brown—On the day of the riot I was going towards my warehouse, but, in consequence of what I heard -in the street, I went towards Mr. Eccles's factory. I saw the prisoner Kay coming out of the factory door with Ralph Shorrock. The pri soner Kay stood by me near the saw-pit, outside the factory. The prisoner stood by me until after the arrival of the soldiers, and we then went towards home ; my house is about 100 yards distance from his. In about half an hour from the time Kay came out of the factory, we got to his house. Ralph Shorrock was recalled—When he met Kay going to wards home, there was a woman named Ashton walking with him. The last witness might have been with the prisoner, but there:was such a crowd that witness did not recollect having seen him. Jolin Cunliffe (for the prisoner Latham)—l have known the Prisoner for the last five years. On the 24th of April last, I saw him before the arrival of the military, standing quiet and peace ably in the field behind the prosecutor's factory. I stood with him about twenty minutes, but upon the arrival of the military, I went away, and left him in the field. Cross-examined—l went to the mill for the purpose of seeing a lodger of mine, who worked in the factory. I was afraid he might stop in the factory. Thomas Harword (for the prisoner Bolton)—I know the pri soner was riot at Blackburn at the time of the riot. On that day he was with me on the'road to Blackburn, between four and five o'clock in the evening. James Seager (for the prisoner Ormerod) said that he had known this boy for several years, and that up to the day of the riot he had never heard any charge against him. Mr. ST A axis, for the prosecution, said, after the evidence which had been given, it was not his intention to press the case as against Bolton. His Loa Siam, in summing up, said, he was sorry to say that those riots had originated in great distress, but the law did not admit of such an excuse. • The Jury, having retired for a few minutes, found all the pri soners, with the exception of Bolton, Guilty, but recommended them to mercy. CORNWALL AND DEVON MINING COMPANY. On Monday a Meeting of the Shareholders of this Company, who had signed the deed of settlement, took place at their rooms in Lombard-street : Lord Viscount PALMIERSTON iu the Chair. The scene was an extraordinary one, and derived additional interest from the appearance of Mr. Wilks, jun., who entered the room for the purpose of making his statement to the corn. PanY• Mr. Waits said, that with reference to the establishment n the company, he really was not aware of any one circumstance upon the part of himself or the directors, that was not strictly honourable ; and be trusted that he would soon shame the indivi dual (Mr. Clarke) who had calumniated him. Mr. Clarke bad certainly been compelled to visit the Lunatic Asylum a couple of years ago ; and if his reason had returned, be had made the very worst possible use of that inestimable gift, by exercising it against a blameless man. And first, for the origin of the company. This Mr. Swan, who bad come forward, complaining of him, according to the public prints, and talking of dishonest advantages, was the very first man who told him, that if he should deaire to sell the mince, the purchase of which he was then contemplating, -he might easily put on 80,0001. or 40,0001.—(Mr. Swan shook his head.) Oh ! a person could be brought forward who would prove it ; and it was this inducement that led him (Mr. Wilke) to purchase so - many mines. He was not afraid to admit that he had sold for 121,0001. what he had purchased for 78,0001. ; and he did not see how that fact was calculated to prejudice the specu lation. This was perfectly well understood, but it was not found to be a crime until money became scarce, and there was some difficulty in paying the calls. As for Mr. Kershaw, one of the Directors, a veil ought to be thrown over the transactions of that ' respectable gentleman, who had shown such extraordinary symp toms of a repentant spirit at one of the 'meetings of those who had assembled for the purposes of slander. Why, it was he that first said, with reference to the money which he so much regretted he lied received, s" Really now, Mr. Wills, you ought to give us something for our trouble." Mr. Kershaw was the man who dogged bins, day after day;, for-recompence, pletuliag that he had done great service tor the Company, by inducing Lis friends to be subscribers. Why, 'lie carried about with him a list, of , his friends, and was constantly • exhibiting it in testimony of. his indefatigable and laudable exertions, and crying " now, is the .time ; " and yet this man complained of the divi sion of money. It was false to say there had been a division of money. Mr. Kershaw and the other Directors . who had re ceived money from him, had received it without having any de mand upon him, and they ought to return that money .to none but him, although he did not ask for it. It was a gross false hood in Mr. Kershaw to make such statements, to state that his (Mr. Wilkes) bills for shares were dishonoured, to declare that he had been duped. Duped, indeed ! That man must rise early who could dupe Mr. Kershaw. Wu not be (Mr. Wilke) the only person who had consented to receive his in the Welch Iron Company, and had he not given him, iu payment, a bill of )500/. which bill was paid; and had Mr. Kershaw ever delivered the shares? No such thing—no satisfaction whatever had been made. A Mr. Sheldrake also had thought proper to add his condemnation to that of the rest. That was a respectable man who had been clerk to Mr. Sim, a copy of whose letters he had thought proper to reserve to himself: Mr. Sheldrake was a grate ful man too, and had repaid services by running shout for half-a crown subscriptioril to get up meetings to the prejudice of his be nefactor, on whose account he had, in a fit of virtuous resent ment, upon one occasion, set the Morning Herald newspaper on fire at the Royal Eichange,' amidst the sneers and laughter of the public---(A laugh.)—With such objects as these he had to cope, and with Mr. Clarke, who had been always very civil, until he (Mr. Wills) objected to his admission to the Welch Slate Meeting. He then mentioned all which he said he knew about what was called the " concoction" of the Company. - In February last year the shares in the Welsh Iron Company, with which he had some connexion, (a laugh), having reached a considerable premium, and English mining speculations' having become more fashionable, be was applied to as an agent, to make Inquiries amongst the number ,of thou whom he saw on the subject, as Mr. Swan knew, who waited upon him with a variety of specimens, and prai se d she mines immensely. Agreements were made and signed. Kershaw called about this time, and talked upon the subject with him, and others. The thing soon got wind, innumerable applications were made, every thing was done deliberately. A meeting was held at the Albion Tavern, at which Mr. Barrett took the chair. He (Mr. Wills) distinctly stated, the amount of the sum he had given for the mines, and the profits he would make. There was Much discussion on the subject, and it was resolved that those mines speculationt theto m e m ost eti:og,less t t han a solemnly, too 01. t i h n a t ha h r e d I m ui o d ne l y o: t a n a already e i a l t e l y w as hy should be purchased of him for 121,0001. He had now to state e for 5,0001. to Mr. Teague and others, who had originally possessed sonic of the mines. The new Directors knew as well as he did the nature of the transaction. The Proprietors always had access to the minutes. Lord Paistrasion—Do you mean -that the new Directors knew the price that you were to give, and the price you were to receive for the mines? It is important you should be accurate. Mr. WILKS said, he certainly did not mean that. Mr. W. CLanice asked Mr. Wills whether those important particulars were expressed in the minutes? Mr. Wuxi—No. It is stated there, what was given to me for the mines, but not what I gave for them. (A laugh.) if; after the experience of the last 18 months, he could he Isdlo alter upon 2,000 of the shares be any thing, it would be only that part of the transaction which re -I;h:that your check was paid bated to the gift to Mr. •Kershaw. (A laugh.) .He entertained ' was sure he gave the 0 n ll t / h t e • . sameV iro o thl i . i d e i L a nP r y g v yh — e a. that (h l l it beens appears.d6 cnwrke received 'received.ivha requestedbeh t v u y h e e t tl7 at in th pa e u m 'Y eeti n n l g " : Y Ou — ld ( b A e f t vo h ar e leu l eo i , i n g te hr faart t opinion of the mines. So confident was he of their divide thedou doubt, t cal culated case, and to they, y o an n the Stock toc , k , lam,,,said Mr. woks, "determined laugh.) respon sibility. As for the purchase of .shares, the Directors were re sponsible for that proceeding .: y were better judges of mut checMkr.solVaile"dasydsibdenfoorte. so good, as in their consideration of Exchange,the no more to this concern until this concerl to pay 4 pays me. offered to leave the matter to arbitration, but my proposition was . te a It is said I have had 54,0004 of the c o Tern • company's money. Ipaid How much have , away? I have paid 62,0001. 1 have aid 80,000/. for, the shares, 3,0001. for scrip, and the difference paid the m i nes , not to mention the money which 1 gave to the indi viduals to whom I gave gratuitously. If it be expected that I name those persons, that expectation wilt not be gratified, for I may be mistaken. ,One gentleman , w h om / ceived a portion of the present, has denied it , and I may to eit e similar ingteettrkekei or they may forget. No I inkdetumisied upon three things—l shall only attend such meetings as I think fit to attend—(a laugh)--I shall only answer such questions as I think fit to answer ; and I shall upon so account relinquish ons atom of ray contract, but shall, if it be necessary, pursue it even . into the House of Lords, convinced as I am that it is an honour able and bone fide transaction." Mr Wilks concluded his speech brmoving that the minutes be not approved of. Lord Patstoterow intimated, that it was expected from Mr. Wilks, that he would at least name the persons who denied thatthey-- received money from him, although he might think they elide- - Mr. Wass said, he would willingly mention the names of tunes who he knew did not receive any. Neither Lord Palmerston, nor Mr. Sullivan, nor Sir William Kay had received any. - Mr. CLARKE said, he was glad to have the opportunity of te-!;! ..; plying to an attack of so personal a nature as that in whichlts: . Wilks had indulged against him. He had first undertaken to in- is J vestigate caw of this nature by mere accident. Mr. Clarke then ; gave the particulars of what occurred in a company, by which he had lost 2,000/. Mr. Waxa.—Did not Mr. Pegu say, that you were one of the greatest scoundrels in existence ? Mr. Cr.anirt —Never in his life. Nobody ever said so. If any • ever thought so, they could long before this have come forward. - Mr. Wars—There are many who are ready to swear it. " • Mr. CLARKE—Yes, perhaps, some who are connected with the concoction of this company, in which some of the foulest trans actions that ever have come to light have taken place.—( Applause.) ' —Mr. Clarke then admitted, that he had, in consequence of what had occurred between him and his partner, Mr. Timperon, by which he lost immense property, been affected in the intellect, htle that distemper of the mind was pursed away, and his mind as it were refreshed and invigorated. Mr. Clarke then made several allusions to the Welsh Iron Company, in which Mr. Wilke hie; • he said, surreptitiously obtained some scrip. Mr. WILKS declared that it was false, and repeated the so frequently, that Lord PALMERSTOI4 said, he should be compelled to leave the chair if he heard the word again. Mr. Ctiaxx stated, that the principle upon which the ow coctors of this company started was bottomed in fraud. lithe public knew that the mines had been purchased for 78,0001. for the purpose of being sold for 121,0001., they would not have subscribed. As to the charge of participation, Mr. Wilkes owe acknowledgment with respect to those gentlemen, about whose names he felt so delicate, and Mr. Kershaw's statement under the influence of a contrite feeling, were satisfactory upon that point. What could have induced Mr. Bilks to have given loge sums d money to those men? It was no gift. It was the fruits of parti cipation in this vile transaction. It was the price of their ucrecy and of their honour.—(Hear, hear !)-11r. Wilke had said, that he had lost 30,000/. by shares. Certain it was, that Mr. Wilk' had received 54,0001. of the company's money, and had only paid 19,700/. of it for the mines. The estates had become forfeited by this conduct. Mr. Wznrs.—They are not forfeited. The parties have agreed to postpone their demand.—(A laugh.) Mr. CLARKE.—You received 54,000/. How did it happca that you paid no more than 19,700/. ? Mr. Witacs.—l have sold the mines for 121,0001. When that is paid to me, I shall acquit the Company of allresponsibility " . Your statement is altogether false. Mr. CLiatr.—One of the mines, for which you charge the, Company 30,000/., was estimated in 1824 at S,OOO/. How di d the improvement happen to take place? A long conversation took place upon this subject. Mr. SWAY charged Mr. Wilks with having uttered a tissue of falsehoods, and declared tha t if a third of the money that had been expended most improperly was laid out u p on the w ines, tens of thousands would now be coming in. Mr. Maaarr a shareholder, begged to be put in powltic" of the deposits which he had paid. He was a poor maniac ! r" „ / was inconvenienced by the delay.—(A laugh.) Mr. WILLS would leave it to the world to decide whether hEt., was not justified. He had been a severe loser, and nothing altuala deter hint from enforcing the contract. The sum for which would go was nearly 70,000/. Mr. CLARKE.....-I trust I dual have access to the doctuneett which may be necessary for my defeuce, and I assure the rne etial that nothing shall deter me front doing all I can to have this cos fully investigated at the Old Bailey.--(A laugh and applause.) The motion of Lord Palmerston was agreed to, and thanks bedfli voted to his Lordship, the meeting separated. AFFAIRS OF TURKEY. PARIS, AUG. 12.—We are once more about to err" ourselves to the thunders of the Ministerial Journal! fir votrring the Turks; we shall once more be accused di' tlesirth.Lo trouble the happy peace which Europe e njoy., more particularly Greece and Turkey ; we are about t o announce news unfavourable to the good T ur k s , the nu' Sultan, to those dear friends of M. Mett ern i c h, and our Ministry. Ministry. In the first place, a letter from Jassy, o f the 20th Jul y 1 announces that the Turkish Commissioners, 1 - ledgi an k : Ibrahim - Effendi, were .still at that town , and that . t h e opening of the conferences of Akerman,,ged for 02411 31), . July, had been postponed for three weeks (till 3d Au/ We feel how much this news must afflict t r : Turkish heart, and we are not sufficiently barbaroll add, that this delay arises from the new pretensions 01 I: 4 t Sublime Porte, which requires, in the first t dv Russia should restore all the Asiatic fortresses. , not much mind the period of the conferences of A.kerwl, / - let them begin on th e 13th J u ly, or 3d August, we e ° „„'d wait to see. if, with differences so numerous, greee.,7 complicated, as those existing between Russia and Turivi' any pacification is possible. • with But there is another misfortune. It is known the what joy these friends of peace hailed the massaerel y l io d Janissaries; it was almost equal to what they exPer7" t be on the fall of Missolonghi. But it was possible said Janissaries to recover, to rally, to commence lotion, against the most l egitimate s Padischah : this Pi g troubled their joy. News was therefore forthwith I l ia. that the Janissaries of Smyrna had submitted t° ders of the Sultan, and that they were quite ready to their heads cut off. 41 Unfortunately this good and salutary news ; _ mo ot be far from true. The Janissaries of Smrnat w and to-12;000, have sent the Governor their kettles en . 4 „, tinctive ensigns, but have expressed their into of keeping their arms. It is a right they re s o possess es Mussulmen, according to the IC° 4lll ,pd brothers of the Sultan, according to their statutes, Ivo finally, as men of good sense, who will not give thent o ir„ up to their executioners. . All the owdas, or C°' r d e rs have declared, that if the Sultan send nositi v A e ,00 1 1, to disarm them, • they will disobey him, sn"," . sea join their - 40,000 brethren at Damascus, AlePri st aer the rest of Asia; that it would then be seen > is i nners the true believers of Asia would n ot quell the i one hst e s. and giaours (infidels) of St am b ou l ; lastly, that i n mist millions onsonfe who good w T oo urt d whosi,eir t, t) ee them, ' if t i irltrabilt set trem enigh casteaseil.hye ten m findsome blood of Osm a li s cont i nu e( to deice' They are in the mean time masters of Smyrna. s trito How this revolt m ust h ave f r i g h tene d the / 131 00 t he High Admiral, the support of his powerful fleet that the Governor reh,ean'd.'of the heights which c o mmand d anuidteheP occi w u n are irn l d : u ,: Wed . the Janissaries, and ou t o f t h e reac h o f the esmn °n o i town sec All was in alarm at Smyrna. t 8 • Pie • v on!' • The interior of Asia Minor is in frightful el liirlt v Hundjar Molla, the religious chief of The order of $l7 I d e d I • i d saries, who resides -at Kintuye, has, it IS hihe grin decree against the Mufti of Constantinople. ' b , gi a families of Ages, compromised by. the rode,' breathe, and perhaps the Turks of 'Asia Will u": t h, sen t tage of the opportunity to require the removal of 11 0 of Government to Bronsu or Aleppo. i f I f What a•favourable moment for Lord CA741111/e str o ng arrived, to go and attack Rh o d es , that anejeld ll ! - of the Knights; it is of little importance in jut e b o lwor' l been reputed since the time of Solituan oneof we o r eYA of the Etnpire, and its capture therefore, by the would have an incalculable m oral effect upon the il . t* 11 fo i• iveal• And truly it seems that Cochrane has arr , ,„.4 a rticle t pe can be no longer doubted, after the d etailed hafer‘,. Gazette de Florence, of the 24th . - 40iy, was already at Napoli cli Romania, as well a' 4 , 0 01 none of s i xty .,i g h t poun d, ca lib r e. A stearn.,.. liot be ..11; in sight off Cerigo; the Admiral himself ci)oV isste , of , b i t off. Thus the news received I_)y way of i s no 10014 definitive entry into the port of Napoli, seem premature. We condole with the friends of peace.